Legal Question in Wills and Trusts in Indiana

my mother recently passed away my brother and i r executives of her will my brother is a convicted felon and from my understanding is disqualified as exec. the will states the house is to be sold and divided or one of us can buy out the other my brother has been in jail for over a year and was not even able to make moms memorial i have waited nine months and have not even put the house on the market trying to give him equal opp. to buy it .my question is can he by law live there until it sells or he buys it. my mom would never allow him to stay one night she would pay for him a hotel or let him stay in her shed but not in the house he will destroy it .all of her belongings r still inside with the intentions of him and i going through them and for the sake of the sale. he will be released from jail in days and is persistant on living there. thank you


Asked on 1/21/10, 5:26 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

An attorney needs to read the will. There two many questions yet about the situation: Has the will been probated, were you named sole personal representative (same as executor), etc. Your estate attorney will be able to answer this for you. Until an estate is opened, you have no authority to do or to stop anything. Do not wait on this.

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Answered on 1/27/10, 7:25 am


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